Part 5General 637

Chapter 5—General 637 Part 5.1—Administration 637 5.1.1 Department 637 5.1.2 Supply of information 637 Part 5.2—Minister's powers 638 5.2.1 Minister's general powers 638 5.2.2 Minister's powers about multi-sector arrangements 642 5.2.3 Minister's powers to acquire land 642 5.2.4 Powers of the Minister as to leases and other arrangements relating to land 643 5.2.5 Minister's power over reserved Crown lands 644 5.2.6 Vesting of land in Minister administering this Act 644 5.2.7 Agreements and arrangements concerning use of property 645 5.2.8 Minister's powers for off shore education services 647 5.2.9 Delegations by Minister 647 5.2.9A Delegation of Minister's powers 648 5.2.10 Establishment of bodies to advise Minister 649 5.2.11 Minister's powers to require financial agreements 650 5.2.13 Minister's powers to fix fees 650 Part 5.3—Secretary's functions and powers 652 5.3.1 Secretary's powers of employment 652 5.3.2 Secretary's other functions and powers 652 5.3.3 Delegation of Secretary's powers 652 5.3.4 Secretary may request criminal record check of employee 653 5.3.5 Effectiveness and efficiency review 654 Part 5.3A—Victorian student numbers and Student Register 656 Division 1—Introductory 656 5.3A.1 Definitions 656 5.3A.2 Application of Part 657 Division 2—Victorian student numbers and the Student Register 657 5.3A.3 Requirements for allocation or verification of Victorian student numbers 657 5.3A.4 Information to be provided to Secretary 657 5.3A.5 Secretary must allocate or verify Victorian student number 658 5.3A.6 Secretary to notify provider or Authority of Victorian student number 659 5.3A.7 Secretary must establish Student Register 659 5.3A.8 Secretary to maintain Student Register 659 Division 3—Access, use or disclosure of Victorian student numbers and related information 660 5.3A.9 Authorisations for use of Victorian student numbers or related information 660 5.3A.9A Secretary to have regard to guidelines when giving or revoking an authorisation 661 5.3A.10 Authorised users must act in accordance with Division 3 of Part 5.3A 661 5.3A.10A Guidelines 661 5.3A.10B Authorised users must comply with guidelines 663 5.3A.10C Application of Privacy and Data Protection Act 2014 to certain authorised users 663 5.3A.11 Student, parent or guardian may access Student Register information 663 5.3A.12 Secretary to provide copy of information to students, parents or guardians 664 5.3A.13 Student may use or disclose his or her Victorian student number 664 5.3A.14 Prohibition on Secretary's use or disclosure 664 5.3A.15 False representation 665 Division 4—Implementation of allocation of Victorian student numbers 665 5.3A.16 Definition 665 5.3A.17 Secretary to allocate current students with Victorian student numbers 665 5.3A.18 Secretary may request information relating to students 666 5.3A.19 Appointed days for application of section 5.3A.3 to providers 667 Part 5.4—Workplace learning 668 Division 1—Work experience and structured workplace learning arrangements 668 5.4.1 Definitions 668 5.4.2 Application of Division in relation to work experience and structured workplace learning arrangements 669 5.4.2A Nominated persons 670 5.4.3 Work experience arrangements 670 5.4.4 Orders about work experience arrangements 672 5.4.5 Structured workplace learning arrangements 673 5.4.6 Orders about structured workplace learning 674 5.4.7 Conditions of employment under work experience arrangements 675 5.4.8 Conditions of employment under structured workplace learning arrangements 677 5.4.9 Payment 678 5.4.10 Duty of care 680 5.4.11 Application of certain laws if employment is for work experience 681 5.4.12 Arrangements for students from interstate 682 Division 2—Practical placement 684 5.4.13 Definitions 684 5.4.14 Practical placement agreements 685 5.4.15 Determination about the placement of post‑secondary students 685 5.4.16 Payment 686 5.4.17 Suspension of conditions for students 687 5.4.18 Duty of care 687 5.4.19 Application of certain laws where employment is to gain work experience or training 687 Division 3—Minimum terms and conditions for students 688 5.4.20 Orders about non-payment for work 688 Part 5.5—Apprentices 689 Division 1—Preliminary 689 5.5.1 Definitions 689 Division 2—Training schemes 689 5.5.2 Training schemes 689 5.5.3 Certain provisions do not apply to certain vocations 690 Division 3—State training and employment provisions 691 5.5.4 State training and employment provisions 691 5.5.5 Training and employment agreements to accord with Schedule 4 691 Division 4—Training contracts 692 5.5.6 Employer must have Authority's approval to enter into a training contract with an apprentice 692 5.5.7 Procedure for approval 692 5.5.8 Employer's obligations under a training contract 693 5.5.9 Apprentice's obligations under a training contract 694 5.5.10 Approval of training contracts 694 5.5.11 Parties to training contract 694 5.5.12 Execution of training contract 695 5.5.13 Apprentice to be enrolled in training 696 5.5.14 Term of a training contract 696 5.5.15 Cancellation, suspension or variation of a training contract 697 5.5.16 Suspension or cancellation of a training contract if insufficient employment available 697 5.5.17 Authority to determine grievances in certain circumstances 698 5.5.18 Associations of employers may employ apprentices 699 5.5.19 Partnerships 700 Division 5—Approved training agents 700 5.5.20 Approved training agents 700 5.5.21 Delegations to approved training agents 700 5.5.22 Review of decisions of approved training agents 701 Division 6—General 701 5.5.23 Register of apprentices 701 5.5.24 Subsidies 702 5.5.25 Fees for certificates 702 5.5.26 Information sharing 702 Part 5.6—Volunteer workers compensation 703 5.6.1 Definitions 703 5.6.2 Compensation for personal injuries 706 5.6.2A Cessation of benefits 708 5.6.3 Compensation for damage to property 709 5.6.4 Jurisdiction 710 5.6.5 Authority to represent Crown 711 5.6.6 Payments 711 5.6.7 Recovery from third parties 712 5.6.8 Compensation for property damage and expenses to be paid from Consolidated Fund 712 5.6.9 Offence 712 Part 5.7—Scholarships 713 5.7.1 Scholarships at Government schools 713 5.7.2 Minister's powers to grant scholarships 714 Part 5.7A—Mildura schools land 715 Division 1—Introductory 715 5.7A.1 Purpose of this Part 715 5.7A.2 Definitions 715 5.7A.3 Mildura schools land 716 5.7A.4 Land purchased under this Part to vest in the Minister administering this Part 717 5.7A.5 Variation to Mildura schools land by Order 717 5.7A.6 First Order declaring beneficiary schools 719 5.7A.7 Further Orders varying beneficiary schools 720 5.7A.8 Orders to be tabled in Parliament 721 Division 2—Dealings with Mildura schools land 722 Subdivision 1—Leasing of land 722 5.7A.9 Power of Minister to lease Mildura schools land 722 5.7A.10 Rent to be determined on basis of valuation of land 722 5.7A.11 Valuation of land to include value of improvements 723 5.7A.12 Leaseholder may apply for review to VCAT 723 5.7A.13 Ownership of improvements on leased land 723 Subdivision 2—Easements over land 724 5.7A.14 Power of Minister to grant easements over Mildura schools land 724 Subdivision 3—Sale and purchase of land 724 5.7A.15 Minister holds Mildura schools land on trust for sale 724 5.7A.16 Power of Minister to purchase additional land 724 Subdivision 4—Subdivision or consolidation of land 725 5.7A.17 Power of Minister to subdivide or consolidate land 725 Division 3—Distribution and use of rents and profits 725 5.7A.18 Power of Minister to enter agreement with trustee 725 5.7A.19 Agreement to provide for establishment of funds for rents and profits 725 5.7A.20 Agreement to provide for costs to be paid out of funds 726 5.7A.21 Agreement to provide for money in funds to be distributed to beneficiary schools 726 5.7A.22 School councils may recommend that distribution of income be varied 727 5.7A.23 Agreement to provide for reports by trustee company 727 5.7A.24 Distribution amount to be paid to school 727 5.7A.25 Use of distributed money by school councils and governing bodies 728 Division 4—Proceeds derived from disposition of land or creation of easement over land 729 5.7A.26 Proceeds of dispositions of land and easements to be paid into special fund 729 5.7A.27 Income derived from proceeds treated as rent and profits 730 5.7A.28 Division has effect despite contrary law 730 Part 5.8—Enforcement 731 Division 1—Appointment of authorised officers 731 5.8.1 Authorised officers 731 5.8.2 Identification 732 5.8.2A Authorised officer must return identity card to Authority 733 5.8.2AB Complaints against authorised officers 733 Division 2—Enforcement powers that do not relate to RTOs 733 5.8.2B Application of this Division 733 5.8.3 Powers of authorised officers 733 5.8.3AA Receipt must be given for any thing seized 738 5.8.3AB Copies of seized documents 739 5.8.3AC Retention and return of seized documents or things 739 5.8.3AD Magistrates' Court may extend 3-month period 739 Division 3—Enforcement powers relating to RTOs 741 Subdivision 1—General 741 5.8.3A Application of Division 741 5.8.3B Definitions 741 Subdivision 2—Warnings 742 5.8.3C Warning notice to public about RTO 742 Subdivision 3—Powers of authorised officers 743 5.8.3D Authorised officers defined for this Subdivision 743 5.8.3E Production of identity card 743 5.8.3F Searches of premises to monitor compliance with a relevant law 743 5.8.3G Entry and search of relevant premises with consent if alleged contravention 746 5.8.3H Procedure for obtaining consent to searches under section 5.8.3F or 5.8.3G 747 5.8.3I Search warrants 749 5.8.3J Announcement before entry 752 5.8.3K Details of warrant to be given to occupier or person 752 5.8.3L Seizure of things not mentioned in the warrant 753 5.8.3M Receipt must be given for any thing seized 753 5.8.3N Copies of seized documents 754 5.8.3O Retention and return of seized documents or things 754 5.8.3P Magistrates' Court may extend 3 month period 755 5.8.3Q Requirement to assist authorised officer during entry 756 5.8.3R Refusal or failure to comply with requirement 757 5.8.3S Protection against self-incrimination 757 5.8.3T Offence to give false or misleading information 757 Subdivision 4—Undertakings 758 5.8.3V Undertakings 758 5.8.3W Copy of undertaking 759 5.8.3X Register of undertakings 759 5.8.3Y Authority may apply for Court order if undertaking breached 759